Criminalization of Corporate Law - The Impact on Director and Officer Behavior

Journal of Business & Technology Law, Vol. 2, p. 85, 2007

U. of Pittsburgh Legal Studies Research

4 Pages Posted: 9 Mar 2009

See all articles by Douglas M. Branson

Douglas M. Branson

University of Pittsburgh - School of Law (Emeritus)

Abstract

If corporate officers and directors exercised better judgment in choosing their lawyers, we would see fewer convictions and, ultimately, fewer allegations and less criminalization of corporate law. However, corporate defendants are choosing lousy lawyers to defend them, resulting in more convictions and harsher penalties than there should be. The big-shot corporate defendants seem mostly to be going for big firm litigators . . . In my opinion, these guys do not litigate to win cases - they litigate to impress clients.

If ever I had to choose a lawyer in one of these cases, I would choose a person who has some criminal law background and some securities and corporate governance background. In fact, I might choose . . . Frank Razzano, of Washington, D.C. . . . Frank is tough, but he knows when to give ground and when to push it - he just doesn't go and butt heads with federal prosecutors and with the federal government.

Keywords: lawyer selection, litigators, corporate law, criminal law, corporate governance, securities, experience, expert witness, civil law, Private Securities Litigation Reform Act, Sarbanes-Oxley Act

Suggested Citation

Branson, Douglas, Criminalization of Corporate Law - The Impact on Director and Officer Behavior. Journal of Business & Technology Law, Vol. 2, p. 85, 2007, U. of Pittsburgh Legal Studies Research, Available at SSRN: https://ssrn.com/abstract=1352524

Douglas Branson (Contact Author)

University of Pittsburgh - School of Law (Emeritus) ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-624-3437 (Phone)

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